Case law

In re the Judicial Settlement of the Accounts of McDowell

17 Mills Surr. 515 · New York Surrogate's Court · Oct 15, 1916

It appears that the three executors qualified as such. … Y. 539 , as follows: “ Also, held, that to establish a ratification by the cestui que trnst, in such a case, the ratification must not only be clearly ]^?

In re the Accounting of Judson

206 Misc. 157 · New York Surrogate's Court · Jul 2, 1954

It is well established under the laws of this State that the courts favor the vesting of estates. In Matter of Watson ( 262 N. … This matter, was clearly discussed in Wright v. Wright ( 225 N. Y. 329, 340-341 ), repeatedly cited- by counsel herein.

In re the Estate of McIntyre

159 Misc. 351 · New York Surrogate's Court · Apr 28, 1936

Even if the proof submitted by the respondent were uncontradicted, my opinion is that it has failed to establish ratification tested by the rule laid down in Adair v. … Brimmer (supra), where Rapallo, J. said (at p. 554): “ To establish a ratification by a cestui que trust, the fact must not only be clearly proved, but it must be shown that the ratification was made with a full knowledge

In re the Estate of Tatkow

80 Misc. 2d 389 · New York Surrogate's Court · Jan 16, 1975

The agreement depended upon for the award of the relief demanded must be clearly and definitely established by full and satisfactory proof. ‘ To attribute to a will the quality of irrevocability demands the most indisputable … Y. 495, 505 ): ‘ ‘ Where there is an absolute gift * * * in order to qualify it or cut it down the latter part of the will should show equally clear intention to do so by use of words definite in their meaning.”

In re the Transfer Tax upon the Estate of Martin

16 Mills Surr. 286 · New York Surrogate's Court · Feb 15, 1916

established by the proofs. … Martin was served with a notice to attend before the copmiissioner of jurors for the purpose of qualifying as a juror. Mr.

In re the Estate of Sullivan

177 Misc. 570 · New York Surrogate's Court · Nov 7, 1941

She duly qualified *572 as such. She never intervened in the pending accounting and was not made a party thereto in her official capacity. … This is clearly not the fact. The present petitioner is the duly appointed administratrix of this estate. As such, it is her duty to reduce to her official custody all assets belonging to the decedent. (Johnson v.

In re the Estate of Certoma

55 Misc. 3d 908 · New York Surrogate's Court · Apr 19, 2017

Turning now to the relevant law, the requirements necessary to admit a lost or destroyed will to probate are set forth in SCPA 1407 which provides that a copy may be admitted to probate only if it has been established that … Letters testamentary shall issue to petitioners upon their duly qualifying.

In re the Estate of Weed

1 Gibb. Surr. 200 · New York Surrogate's Court · Dec 15, 1894

Proceedings were thereafter commenced in the Surrogate’s Court to establish and probate said destroyed will, and, after considerable time spent in litigation, the same was duly admitted to probate. … As he had not assumed to act and did not propose to qualify as an executor, he had the same right to take an assignment of Mrs. Johnson’s legacy as any other individual, and pay therefor any sum that Mrs.

In re the Estate of Silverman

163 Misc. 2d 602 · New York Surrogate's Court · Jan 5, 1995

Gulino, his proof fails to establish this. In applying the Latham standard, the court finds that John P. Gulino is not ineligible to receive letters testamentary pursuant to SCPA 707 (1) (e). … The propounded instrument, dated February 25, 1978, shall be admitted to probate and letters testamentary shall issue to the petitioner and cross petitioner, upon their duly qualifying according to law.

In re the Estate of Callahan

142 Misc. 28 · New York Surrogate's Court · Nov 23, 1931

The appointee duly qualified by filing a bond with the Commercial Casualty Insurance Company as surety. … The petitioner has clearly demonstrated the solemnization of a ceremonial marriage between herself and the decedent. This gives rise to a true presumption of its validity.

Cocks v. Barlow

5 Redf. 406 · New York Surrogate's Court · Jun 15, 1881

While she qualified as executrix by advice of counsel, without understanding what she did, I find no evidence whatever that she did, or attempted to do, any act as executrix or trustee. … That belongs to the estate, and the widow is clearly entitled to any benefit which may be derived' from it.

In re the Estate of Tucker

75 Misc. 2d 318 · New York Surrogate's Court · Sep 6, 1973

The policy guiding the interpretation of the statute is perhaps nowhere more clearly revealed than in the cases relating to specific legacies. … An executor does take a qualified title to property which is specifically bequeathed (Blood v. Kane, *321 130 N.

In re the Estate of Kight

167 Misc. 296 · New York Surrogate's Court · Apr 21, 1938

It was there decided that no trust had been established separately for the widow of deceased but that she was “ given one-third of the income derived from all of the trusts.” … I give, devise and bequeath to the executors of this Will, or to such of them as shall qualify and the survivors of them, all the rest, residue and remainder of my property, both real and personal and wheresoever situated

In re the Construction of Agreements among Martin B.

17 Misc. 3d 198 · New York Surrogate's Court · Jul 30, 2007

All three courts concluded that post-conceived children qualified for such benefits. As can clearly be seen from all the above, the legislatures and the courts have tried to balance competing interests. … To achieve such balance, the statutes, for example, require written consent to the use of genetic material after death and establish a cutoff date by which the child must *204 be conceived.

In re the Estate of Winburn

140 Misc. 18 · New York Surrogate's Court · Apr 28, 1931

Have they behind them an established dividend record over a period of years? (Matter of Leonard, 118 Misc. 598 .) … It is my conclusion that no negligence on the part of the executors, in continuing to hold the securities in the instant case, was established. The objection is dismissed.

In re Fuller's Estate

70 N.Y.S. 1050 · New York Surrogate's Court · May 15, 1901

Webster, in the Dartmouth College Case, said: “By the .law of the land is most clearly intended the general law,—a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. … The meaning is that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society.

In re the Estate of Werner

142 Misc. 702 · New York Surrogate's Court · Jan 30, 1932

The words “ as above provided," in their setting meaning upon his said wife’s death, seem to qualify the word “ receives ” and to lift it out of its literal meaning. … to the cases in which there has occurred a gift over on the death of a legatee before actually receiving bis legacy, Sterling, J., says: ‘ These cases are not entirely consistent among themselves; but this at least they establish

In re Bennett

135 Misc. 486 · New York Surrogate's Court · Dec 30, 1929

S. 265 ) said (at p. 291): “ These provisions establish a rule of evidence rather than of jurisdiction. … Bennett, upon duly qualifying according to law, will be appointed in her stead and that Nannie B. Anderson must account -within thirty days. Enter decision and decree, on notice, accordingly.

In re the Judicial Settlement of the Accounts of the Surviving of Koch

2 Mills Surr. 46 · New York Surrogate's Court · Nov 15, 1900

The unwilling and qualified statements practically forced from the son of the surviving executor, that he had seen George Braun, are not at all convincing. … It does not clearly appear just bow payment was made to Braun.

In re the Construction of the Will of Lawless

194 Misc. 844 · New York Surrogate's Court · Feb 25, 1949

or, having qualified, seeks to resign his office, or of a fiduciary who refuses to accept the gift or specifically renounces the same. … It is difficult to perceive humanitarian purposes more clearly encompassed within the mandate of the Tilden Act. (City Bank Farmers Trust Co. v.